JYOTI Vs. MAHARISHI DAYA NAND UNIVERSITY

JUDGEMENT

(1.) The petitioner passed the B.Sc. (Non-Medical) examination in the year 1998 from the G.V.M. Girls College, Sonepat. She applied for taking the common entrance test for admission to the M.Sc. (Physics) Course to be bid by respondent No. 3, the Hindu College, Sonepat. She also qualified the test and was called for interview on July 15, 1998 and on the display of the merit list, was placed at Sr. No. 15 thereon. It is the petitioner's grievance that though she was a backward class category candidate and had submitted her backward class certificate dated 23.4.1998, Annexure P-2 to the petition, she had not been considered against the reserved category despite the fact that she was the solitary candidate. It is also the petitioner's case that when the notice dated July 14, 1998, Annexure P-1 calling the candidates for interview on July 15, 1998 was displayed, the name of Puspiata, respondent No. 11 was not in that list but on the declaration of the final selection list on July 15, 1998, her name had figured and she had been granted admission in the M.Sc. (Physics) Course.

(2.) On notice of motion, a reply has been filed by respondents 2 and 3 alone and it has been averred that in the Information Brochure issued by the College on June 1, 1998, no reservation of any kind had been carved out and as such, the petitioner's claim to admission as a backward class category candidate was not in order. It has also being pointed out that the name of Puspiata, respondent No. 11, who had very high marks, had been left out in the notice dated July 14, 1998 as her detailed marks card had not been appended alongwith her application form and on her representation that she had received the card in the meantime, the Principal of the College had thought it fit to consider her case.

(3.) Mr. B.S. Rana, learned Counsel for the petitioner has pointed out that though in the Information Brochure issued by the College on June 1, 1998, no reservation of any kind had been carved out yet respondent No. 3, College had itself given admission to reserved category candidates in the M.A. (Previous) Class on account of the reservations made in the Information Brochure for the year 1998-99,. issued by the M.D.U. Rohtak and as reservation was provided for backward class candidates in this Admission Brochure, this reservation should also have been given effect to by the College in the M.Sc. (Physics) course as well. In support of his argument, that respondent No. 3, the College, had in fact followed the reservation policy as given in the Brochure for the year 1998-99, a merit list of the M.A. 1st year admissions has been appended as Annexure P-7 with this writ petition, in which it is clearly stated that five S.C./S.T./B.C. students had been granted admission.